It was argued that the Secretary of State should have called in a planning application so as to avoid the risk of the local planning authority acting incompatibly with article 6.
Held: The court considered the obligations of the Secretary of State: ‘The Secretary of State’s obligation under section 6 of the Human Rights Act 1998 is not himself to act incompatibly with a Convention right; he is not obliged to ensure that other public authorities themselves act compatibly.’
Judges:
Laws, Arden LJJ
Citations:
[2002] 1 WLR 2515, [2002] EWCA Civ 614
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Adlard, Regina (on the Application of) v Secretary of State for the Environment, Transport and the Regions and others Admn 17-Jan-2002
The court dismissed a claim for judicial review of the refusal by the Secretary of State to call in, and establish a public inquiry to consider, certain applications for planning permission and listed building and conservation area consents which . .
See Also – Adlard, Regina (on the Application of) v Secretary of State for the Environment, Transport and the Regions and others Admn 17-Jan-2002
The court dismissed a claim for judicial review of the refusal by the Secretary of State to call in, and establish a public inquiry to consider, certain applications for planning permission and listed building and conservation area consents which . .
Cited by:
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Lists of cited by and citing cases may be incomplete.
Planning, Human Rights
Updated: 14 November 2022; Ref: scu.217008
